Within the framework of the compulsory impact assessment that must go hand in hand with new dossiers, the Commission has launched a public consultation on the establishment of a permanent investment dispute settlement mechanism. The questionnaire that is presented in the consultation is based on the assumption, that the respondent agrees in principle with the investment dispute settlement regime and that isolated improvements of the investor-to-state dispute settlement mechanism will help legitimise the system itself. Against the backdrop of an advancing globalisation process that calls for improved international cooperation and particularly improved law enforcement, the BAK will take part in the consultation by giving a more fundamental assessment of the Commission's initiative. Yet, what is needed primarily on the international level are effective enforcement mechanisms for fundamental rights as opposed to the stabilisation and expansion of the rights for corporations. However, human rights must prevail over trade and investment privileges.

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Elisabeth Beer

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