1、CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i The End of Intra-EU Investor-State Dispute Settlement (ISDS): Implications for the United States Christopher A. Casey Analyst in International Trade and Finance Updated February 13, 2019 On January 15, 2019, the 28 Europea
2、n Union (EU) member states declared that they will terminate all intra-European bilateral investment treaties (BITs) (i.e., those between member states) no later than December 6, 2019 (see the Declaration). The action by the EU member states is the latest in a series of actions that has altered the
3、status of traditional investor-state-dispute settlement (ISDS) mechanisms within the European Union. ISDS mechanisms, which enable foreign investors to bring disputes with host states before independent international arbitral tribunals, have been a common feature in BITs and other trade and investme
4、nt agreements throughout the world. These changes may have implications for U.S. approaches to investment in the European Union. ISDS Background For decades, ISDS has been the preferred means for capital exporting countries to protect the interests of their nationals as they invested abroad and to e