Legal briefing: ISDS under EU law

14 December 2015

This short briefing explains why the Investor-State Dispute Settlement (ISDS) and the newly proposed Investment Court System (ICS) might not be legal under EU law. It outlines the threats of investment dispute settlement to the autonomy of the EU legal order, undermining the power of EU courts, and to the functioning of the EU's internal market.

The briefing also describes how member states could clarify the legal uncertainities by making a request for an opinion at the European Court of Justice.