Tag Archives: Investment Court System

Screen Shot 2016-05-16 at 11.54.53

Taoiseach Enda Kenny and US President Barack Obama

You may recall the Transatlantic Trade and Investment Partnership deal between the European Union and the US.

Part of the deal involves an ‘Investment Court System’.

Further to this…

Peter O’Dwyer, in today’s Irish Examiner, reports:

One of the most controversial aspects of the proposed deal is the inclusion of an investment court system (ICS), which critics argue would give corporations the power to sue sovereign states in trade disputes.

… Dublin-based senior counsel and former chairman of the Bar Council of England and Wales Matthias Kelly said the proposed investment court would “certainly infringe” upon the Irish Constitution in two areas and possibly three. In his opinion, the investment court system would:

Possibly infringe on Article 15.2.1 which vests sole power to make law in the Oireachtas;

Certainly infringe on Article 34.1 which vests the power to dispense justice in the Irish domestic courts;

Certainly infringe on Article 34.3.2 which makes the High Court and Appellate Courts above it the sole court in which a law may be questioned.

‘Referendum required’ in transatlantic trade deal (Peter O’Dwyer, Irish Examiner)

Previously: Luke’s TTIP