The EU is pushing transparency in the TTIP, and has now posted online some negotiating documents: http://trade.ec.europa.eu/doclib/press/index.cfm?id=1230 In my view, this is a positive development. There are some things you need to keep secret as part of a negotiation, but there are many other things that should be put out there as part of the public debate.
So now it's up to us, the public, to have that debate. I'll kick things off with a few questions/comments:
- Here's the EU's textual proposal on TBTs in the TTIP: http://trade.ec.europa.eu/doclib/docs/2015/january/tradoc_153025.pdf Wouldn't it be better to pursue these ideas on a multilateral basis, at the WTO, rather than bilaterally? Have similar proposals been made there? What was the response?
- Here's one on subsidies: http://trade.ec.europa.eu/doclib/docs/2015/january/tradoc_153031.pdf I'm a big fan of this sentence: "subsidies given to support insolvent or ailing companies without a credible restructuring plan belong to some of the most harmful types of subsidies and have the potential to have an adverse effect on trade and investment relations." I don't know how far the EU can get with this effort to crack down on subsidies, but I wish them well.
- Here's one on state-state dispute settlement: http://trade.ec.europa.eu/doclib/docs/2015/january/tradoc_153032.pdf One interesting provision: "Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention of 1969 on the Law of Treaties. The panel shall also take into account relevant interpretations in reports of panels and the Appellate Body adopted by the WTO Dispute Settlement Body (hereinafter referred to as the “DSB”). The rulings of the arbitration panel cannot add to or diminish the rights and obligations of the Parties under this Agreement." So WTO DSB rulings must be "taken into account," but what does that mean exactly? Discussed and then ignored? Followed very closely? This may need further elaboration. Also, why no appellate process in TTIP DS?
