And finally, one last claim addressed by the Commission in defense of investor state:
Claim: Investors should not be allowed to challenge governments directly in international law. Only governments should be able to act against each other, via state-to-state dispute settlement.
The Commission responds that:
It is investors who actually suffer the financial losses. Governments (including the EU) need to pursue the general interest, and that means that they have neither the time nor the resources to follow-up each individual alleged breach of the agreement. ...
But compare trade and investment rules on this point. With trade, we rely on state-state, and governments seem to be able to handle this. Why treat foreign investment differently?
