The Media and Investor-State Dispute Settlement: TTIP of the Iceberg?

International Law Matters is pleased to welcome this guest post from Edward Guntrip.  Edward Guntrip is Lecturer in Law at the Sussex Law School at the University of Sussex.  His research interests lie in international investment law. He completed his law degree at the University of Western Australia.  He earned his LLM in international law at the University of Cambridge, and he completed his PhD at Brunel University.  Follow him on twitter @ejguntrip. 

In the United Kingdom (UK), the mainstream and popular media has been reporting details of the proposed impact of the Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States of America (USA) (see for example, articles from the Independent, the Guardian, the Telegraph and the Huffington Post). The TTIP is a trade agreement that is intended to minimise regulatory differences and remove trade barriers between the EU and the USA. The TTIP also seeks to open the market between the EU and the USA for investment and services. In the majority of stories discussing the TTIP, journalists and columnists have raised concerns regarding its potentially negative influence. There is apprehension concerning the possibility of increased privatisation of state-run healthcare services, the relaxation of environmental standards, and the introduction of food that does not comply with existing EU standards. Examples of these types of media reports can be found here and here. In addition, the media is warning the public about the threat of investor-state dispute settlement (ISDS) (see for example, here).

The potential impact of the TTIP on citizens of EU member states and the USA needs to be fully discussed, and a dialogue between all interested parties is to be encouraged. An open conversation could have easily been achieved had those negotiating the TTIP made the negotiating aims transparent from the outset. However, the mandate setting out the negotiating directives was only made public in October 2014 after seven rounds of negotiations. Given the recent change in policy regarding the transparency of the negotiations, the main source of information regarding the TTIP for the vast majority of people, so far, has been through reports in the media. Therefore, it is unfortunate that the debate has been presented to the public by the UK media in an incomplete manner. This practice has been most prevalent when the UK media discusses ISDS. Continue reading