Ahead of an expected public consultation on how the European Union should adjucate on international disputes between investments and foreign governments, as part of the implementation of Trade for all – Towards a more responsible trade and investment policy, EPHA welcomes the European Commission’s decision to move away from the Investor-to-State Dispute (ISDS) mechanism and towards the establishment of a Multilateral Investment Court.
In response to the Commission roadmap on the proposal, EPHA calls on the Commission to ensure that safeguards are included that ensure that any future multilateral investment court guarantees the EU and national governments the right in law and in practice to make policies and laws to protect and improve health. In addition EPHA makes the following recommendations:
- A parallel Investment Court System is not necessary between trading blocs with stable democracies, mature established Court systems and legislature
- The right to regulate to protect and improve public health must not be compromised.
- The principle of exhaustion of domestic remedies must be included in a multi-lateral permanent investment court system
- Public health protection must take precedence over investments in health-harmful products and sector, e.g. tobacco, alcohol, foods high in sugar, salt or saturated fat
- Integrity and independence of future judges must be beyond doubt
- The compatibility of a Multilateral Court with the EU law should be ensured
The full version of EPHA’s recommendations can be downloaded here