The following link refers to the potential form of the investment dispute provisions to be negotiated in the FTA between the EU and the US. The proposals go further than existing practice (under the New York Convention) to allow the investor’s home state to take countermeasures for investment breaches. See more at the following link - the implications for energy and food sectors are that these provisions, unless expressly stated to the contrary, would also extend to investments in those sectors.
- investment dispute resolution in a future EU-US free trade agreement
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- stockholding foodstuffs and implications for the WTO system